Case Study #3: Overturned Sex Crime Conviction

Both the accused and the complainant admitted to consensual heavy petting while on a cot, high on drugs  inside of a tent after having met at an outdoor music festival. The woman claimed she said 'no' to penetration, but that when he positioned himself on top of her he did not stop and briefly penetrated her before stopping. The man's defense was that he did not penetrate her at all and did indeed stop when she said 'no'. His conviction was overturned on the basis that the trial judge did not properly apply the credibility assessment when using the W(D) test to the plausibility of both claims. My discussion on this case is in the video below.

The judge's reasons are here: http://canlii.ca/t/hx99r